AWU, NSW v BHP Steel [2004] NSWIRComm 218

AWU, NSW v BHP Steel [2004] NSWIRComm 218

The employer's direction that employees participate in the JSA process was lawful and reasonable because the process formed part of the steelworks safety management system and was designed to explore all possible means of resolving legitimate concerns about glove slipperiness while maintaining cut protection. The employees' refusal to participate was not justified, and standing them down without pay for the remainder of the shift did not warrant reimbursement of lost wages.

Jurisdiction
Australia
Judgment Date
03 August 2004
Procedural Posture
Notification Under Section 130 by the Australian Workers' Union, New South Wales Branch of a Dispute With BHP Steel Re Safety and Use of Gloves in the Painting and Finishing Department/pack Line / Decision After Compulsory Conference, Hearing and Reserved Judgment
Outcome
AWU application dismissed.
Legal Topics
['industrial Dispute' 'safety Gloves' 'job Safety Analysis' 'stand Down Without Pay' 'employee Duty to Cooperate With Occupational Health and Safety Initiatives' 'lawful and Reasonable Direction']
['industrial Relations' 'occupational Health and Safety'] ['industrial Dispute' 'safety Gloves' 'job Safety Analysis' 'stand Down Without Pay' 'employee Duty to Cooperate With Occupational Health and Safety Initiatives' 'lawful and Reasonable Direction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notification Under Section 130 by the Australian Workers' Union, New South Wales Branch of a Dispute With BHP Steel Re Safety and Use of Gloves in the Painting and Finishing Department/pack Line / Decision After Compulsory Conference, Hearing and Reserved Judgment

Legal Issues

  1. 1 ["Whether BlueScope Steel's direction that employees participate in a Job Safety Analysis process was lawful and reasonable." "Whether the employees' refusal to participate in the Job Safety Analysis warranted standing them down without pay for the remainder of the shift." 'Whether the AWU should obtain an order reimbursing 10 hours 15 minutes wages lost by each of six night shift workers.']

Ratio Decidendi

The employer's direction that employees participate in the JSA process was lawful and reasonable because the process formed part of the steelworks safety management system and was designed to explore all possible means of resolving legitimate concerns about glove slipperiness while maintaining cut protection. The employees' refusal to participate was not justified, and standing them down without pay for the remainder of the shift did not warrant reimbursement of lost wages.

Court Disposition

AWU application dismissed.

Orders

  • ['The AWU application is dismissed.']